This week, the Senate and the Assembly Appropriations Committees took up their Suspense Files. The Appropriations Committee is the committee in each legislative house that reviews policy bills and assesses the legislations potential fiscal impacts to the State. The Appropriations Committees of both the Senate and the Assembly have a separate file where they can place bills that have a particularly large State cost associated with them – this is known as the Suspense File. Each Committee then waits until the Governor's May Revision has been released, and the majority, if not all, of the Budget Subcommittees have met, to assess the costs of all the bills on the Suspense File. Legislative leadership is consulted, priorities of individual legislators are requested, and determinations are made regarding which bills are permitted to move forward in the legislative process, ostensibly based upon which bills the State can afford. Oftentimes, substantive amendments are taken to a bill to reduce State costs in order to get a bill off Suspense.

A number of key RCRC issues were addressed on the Suspense files this week, including medical marijuana, groundwater issues, mining, and Medi-Cal reimbursement rates. A complete list of RCRC-related bills and their current status can be accessed here, or in the Legislative Update section of this edition of The Barbed Wire.

RCRC has taken an oppose position on a Brown Administration proposed Budget trailer bill that would authorize the State Water Resources Control Board (State Water Board) to require a public water system to consolidate with or extend service to another public water system (which includes mutual water companies and investor owned utilities, a state small system, or domestic well users), or provide technical , managerial, or financial assistance to another public water system if certain conditions are met.

RCRC has participated in discussions with the Administration on how best to address the very real water supply and water quality problems faced by small communities, as well as individuals relying on private wells. However, the complexity of the issues surrounding consolidation, the Brown Administration’s proposed long-term solution, have become more evident at each meeting. RCRC has urged the Administration to reconsider utilizing a Budget trailer bill to enact the major policy changes proposed given the short time-frame and the multitude of unresolved issues, and has instead urged that the issues be resolved through a deliberative process.

RCRC’s letter of opposition to the State Budget Joint Legislative Conference Committee (Conference Committee) can be accessed here. The Conference Committee will hold its first meeting on June 1, 2015. The State Budget bill must be passed by midnight June 15, 2015.

RCRC encourages member counties to call their Senators and Assembly Members and voice opposition to proposed Budget trailer bill #325.

Several bills pertaining to the creation of licensing/regulating structures around medical marijuana passed key committees this week. The only vehicle in the Senate pertaining to medical marijuana regulation, Senate Bill 643 authored by Senator McGuire (D-Sonoma County), secured passage in the Senate Appropriations Committee. Much of this bill needs to be restructured, and RCRC has been working with Senator McGuire on amendments to address county concerns. Significant amendments are expected prior to the bill being passed by the Senate.

In the most dramatic move, the Assembly’s two licensing structure bills were merged into one bill at the request of the Assembly Appropriations Committee – even though each contains a different approach. Specifically, Assembly Bill 34, authored by Assemblymember Bonta (D-Oakland), failed passage; however, much of AB 34 is being incorporated into Assembly Bill 266, previously authored by Assemblymember Cooley (D-Sacramento). As such, AB 266 will now move forward, but will be dramatically restructured with Assemblymember Bonta being the lead author. RCRC is in the process of reviewing these amendments.

Finally, Assembly Bill 243, authored by Assemblymember Wood (D-Sonoma County), moved forward. This measure has two key aspects – one addressing better environmental enforcement of the cultivation of marijuana; and the other requiring certain counties to adopt ordinances requiring marijuana plant identifiers. The second aspect of this bill remains a concern for counties, and RCRC staff will continue working with Assemblyman Wood to address those concerns.

This week, the Environmental Protection Agency (EPA) and the Army Corps of Engineers (Corps) released the Clean Water final rule, which will define “Waters of the U.S.” subject to federal regulation under the Clean Water Act. The final rule is being released nearly 14 months after it was proposed in March of 2014. EPA received more than one million comments in response to the proposed rule, and Congress has become increasingly vocal in their opposition to the rule. Earlier this month, the House passed legislation to stop the rule, as well as included language in the Energy and Water Appropriations bill to prohibit funds from implementing the rule. The Senate has also introduced legislation that would stop the rule and strictly prescribe steps for the EPA and Corps on how the agencies should move forward with creating a new rule. Congress will have 60 days after its publication to utilize the Congressional Review Act to stop the rule from implementation. While the final rule does address some of the issues raised by RCRC and other stakeholders during public comment by providing explicit exemptions for storm water control features and waste water treatment systems, the rule still allows EPA and the Corps significant leeway in determining whether other, non-exempt waters have a significant nexus to federal waters. Barring an act of Congress and approval by the President, the final rule will become effective 60 days after its publication in the Federal Register.

The House Natural Resources Subcommittee on Federal Lands has announced plans to hold a hearing on a draft bill that would attempt to address issues with federal stewardship of National Forests that have been identified through a series of hearings held throughout the year. The draft bill, authored by Subcommittee Chairman Tom McClintock (R-CA), would create new categorical exclusions for activities related to forest restoration projects, and expand current exclusions for salvage projects after large-scale wildfires, among other forest management and fire-related policy changes. Additionally, the draft proposes changes to the Secure Rural Schools program requiring certain percentages of funding to be spent on timber-focused projects. RCRC staff is in the process of reviewing and analyzing the bill and its possible impacts to member counties and will monitor the progress of the draft if it moves forward in the legislative process. The hearing on the draft is scheduled for June 3, 2015, and a markup hearing is predicted for June 8, 2015.

A number of key RCRC issues were addressed on the Suspense files this week, including medical marijuana, groundwater issues, mining, and medi-cal reimbursement rates.

AB 46 (Lackey): Controlled Substances. Assembly Bill 46 would restore the criminal penalties for possession of “date rape” substances (commonly referred to as GHB) that were in place prior to the passage of Proposition 47. Status: AB 46 failed passage in the Assembly Appropriations Committee. RCRC Position: Support

AB 150 (Melendez): Theft: Firearms. Assembly Bill 150 would restore criminal penalties associated with stealing a firearm that were in place prior to the passage of Proposition 47. Status: AB 150 failed passage in the Assembly Appropriations Committee. RCRC Position: Support

AB 171 (Irwin): Veteran Services. Assembly Bill 171 would continuously appropriate $5.1 million per year for County Veterans Service Officers (CVSOs). Status: AB 171 gained passage in the Assembly Appropriations Committee, with amendments. RCRC Position: Support

AB 247 (Waldron): Animal Control Officers. Assembly Bill 247 would require animal control officers to complete a course in the exercise of powers of arrest/serving warrants as well as require continuing education requirements. Status: AB 247 failed passage in the Assembly Appropriations Committee. RCRC Position: Concerns

AB 288 (Holden): Public Schools: College and Career Access Pathways. Assembly Bill 288 would establish the Career Access Pathways Act and expand access to concurrent enrollment programs for students by allowing college courses to be offered on high school campuses. Status: AB 288 gained passage in the Assembly Appropriations Committee. RCRC Position: Support

AB 325 (Wood): Community Development Block Grant Program: Funds. Assembly Bill 325 would require the Department of Housing and Community Development (HCD) to respond to completed Community Development Block Grant applications within 60 days, and if the applicant is denied by the state agency, requires HCD to list the reasons for denial and what steps need to be taken for approval. Status: AB 325 gained passage in the Assembly Appropriations Committee, with amendments. RCRC Position: Support

AB 707 (Wood): Agricultural Lands: Williamson Act Contracts: Cancellation. Assembly Bill 707 would remove the ability of a land owner and the California Department of Conservation to negotiate Williamson Act cancellation fees, if the land in an Act contract is within a county that has a local cancellation assessment for Act contract lands. Status: AB 707 gained passage in the Assembly Appropriations Committee. RCRC Position: Support

AB 851 (Mayes): Local Government: Organization: Disincorporation. Assembly Bill 851 would establish procedures for a disincorporation, which includes the city providing a written statement which certifies information regarding its indebtedness and revenues available, and provides procedures for the successor agency including land use guidelines, financial responsibilities, and other governmental procedures to ensure an orderly transition of services and responsibilities. Status: AB 851 gained passage in the Assembly Appropriations Committee. RCRC Position: Support

AB 889 (Chang): Concurrent Enrollment in School and Community Colleges. Assembly Bill 889 would allow students to concurrently enroll in Science, Technology, Engineering, and Math (STEM) courses at the community college level provided certain requirements are met. AB 889 will open up more options for rural high school students who choose to study within the STEM fields, allowing them greater access to educational opportunities and helping to strengthen California’s technology workforce. Status: AB 889 failed passage in the Assembly Appropriations Committee. RCRC Position: Support

AB 896 (Wagner): Counties: Search or Rescue: Costs. Assembly Bill 896 would authorize a county to seek reimbursement for costs incurred for any extraordinary methods used in search and rescue operations from a resident within their jurisdiction. Status: AB 896 gained passage in the Assembly Appropriations Committee. RCRC Position: Support

AB 936 (Salas): Groundwater Monitoring. Assembly Bill 936 would authorize the Department of Water Resources (Department) to exempt an entity from the water loan and grant eligibility restriction if the entity submits to the Department for approval documentation demonstrating that there are special circumstances justifying the entity’s noncompliance, including that a significant portion of the entity’s service area qualifies as a disadvantaged community, and that the water grant or loan project includes those actions needed to comply with groundwater monitoring functions. Status: AB 936 failed passage in the Assembly Appropriations Committee. RCRC Position: Support

AB 1315 (Alejo): Public Contracts: Water Pollution Prevention Plans: Delegation. Assembly Bill 1315 would prohibit a public entity from delegating to a contractor the development of a plan to prevent or reduce water pollution or runoff on a public works project. The bill would also prohibit a public entity from requiring a contractor on a public works contract that includes compliance with a plan to assume responsibility for the completeness and accuracy of a plan developed by the entity. Status: AB 1315 failed passage in the Assembly Appropriations Committee. RCRC Position: Oppose

AB 1347 (Chiu): Public Contracts Claims. Assembly Bill 1347 would mandate a new claims resolution process that would require non-binding mediation to resolve a dispute on all public contracts. Status: AB 1347 was amended to address various concerns expressed by RCRC, CSAC, UCC, and public agencies through the Public Works Coalition. AB 1347 gained passage in the Assembly Appropriations Committee, with additional amendments. RCRC Position: Opposition Removed

AB 1390 (Alejo): Groundwater: Adjudication. Assembly Bill 1390 would streamline procedures used in a legal action to obtain a basin-wide adjudication of groundwater rights. Among the issues of concern to counties is that the bill makes counties automatic parties to the adjudication regardless of whether the county has an interest in the adjudication action or not, and the requirement that notice of the adjudication action and form answer be distributed via property tax bills. Status: AB 1390 gained passage in the Assembly Appropriations Committee. RCRC Position: Concerns

SB 16 (Beall): Transportation Funding. Senate Bill 16 would increase various fees and taxes associated with a variety of transportation-related funding sources to raise approximately $3 - $5 billion in overall funding for the state and local transportation system. Status: SB 16 gained passage in the Senate Appropriations Committee. RCRC Position: Watch

SB 191 (Block): School Transportation: Apportionments. Senate Bill 191 would increase state allocations for school transportation funding over a seven year period from the 2015-16 through the 2021-22 fiscal years. Status: SB 191 gained passage in the Senate Appropriations Committee. RCRC Position: Support

SB 208 (Lara): Integrated Regional Water Management Plan: Advanced Payment. Senate Bill 208 would establish a process that would require the state agency administering the Integrated Regional Water Management grant funding to provide 50 percent of the funding in advance if the project proponent is a non-profit organization or a disadvantaged community, or the project would benefit a disadvantaged community and the grant for the project is less than one million dollars. Status: SB 208 gained passage in the Senate Appropriations Committee, as amended. RCRC Position: Support

SB 239 (Hertzberg): Local Services: Contracts: Fire Protection Services. Senate Bill 239 would require a local agency to enter into a written agreement for the performance of new or extended services pursuant to a fire protection reorganization contract with each affected public agency and recognized fire protection employee organization prior to submitting to the local LAFCO a resolution of application and a plan for services. Status: SB 239 gained passage in the Senate Appropriations Committee, as amended. RCRC Position: Oppose

SB 321 (Beall): Motor Vehicle Fuel Taxes: Rates: Adjustments. Senate Bill 321 would revise the process used by the Board of Equalization for adjusting the price-based excise tax rate on motor vehicle fuels, which is anticipated to result in more transportation funding revenues in the short-term and more stable revenues in the long-term. Status: SB 321 awaits consideration on the Senate Floor. RCRC Position: Support

SB 506 (Fuller): Economic Development: Military and Aerospace. Senate Bill 506 would create the Military and Aerospace (MA) Program within the Governor's Office of Business and Economic Development (GO-Biz). Status: SB 506 failed passage in the Senate Appropriations Committee. RCRC Position: Support

SB 513 (Beall): Memorial Air Quality Standards Attainment Program. Senate Bill 513 would help reduce air pollution by making revisions to the Carl Moyer Memorial Air Quality Standards Attainment Program and the local AB 923 incentives programs. Status: SB 513 gained passage in the Senate Appropriations Committee. RCRC Position: Support

RCRC members are encouraged to submit comments on regulatory matters to state and federal regulatory bodies, and to provide a copy to RCRC’s Government Affairs staff. Click “Read More” to access information related to the current status of regulations impacting California’s rural counties.

Definition of “Waters of the United States” Under the Clean Water Act. Changes the definition of “Waters of the United States” in the Clean Water Act and expands federal jurisdiction over waterways. Agency: U.S. Environmental Protection Agency, U.S. Army Corps of Engineers Status: Final rule has been issued, prepublication version accessible here. RCRC Comments: Click hereRCRC Advocate: Staci Heaton sheaton@rcrcnet.org

Waiver of Waste Discharge Requirements for Marijuana Cultivation and Associated Activities. Creates a water quality regulatory structure to address impacts from marijuana cultivation activities. Agency: North Coast Regional Water Quality Control Board Status: Draft published for a 45-day comment period, comments due June 8, 2015. Public hearing scheduled in Eureka on May 7, 2015. The proposed order and related documents can be accessed here. RCRC Comments: Click here RCRC Advocate: Staci Heaton sheaton@rcrcnet.org

Endangered and Threatened Wildlife and Plants; Revisions to the Regulations for Petitions. Changes the regulations concerning petitions to list species to require petitioners to solicit information from relevant state wildlife agencies prior to submitting a petition. Agency: U.S. Fish and Wildlife Service/National Oceanic and Atmospheric Administration Status: Draft released for public comment, comments due July 20, 2015. The Federal Register notice, including instructions on filing comments, can be accessed here. RCRC Comments: Staff is seeking input from member counties. RCRC Advocate: Staci Heaton sheaton@rcrcnet.org